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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116779
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother-in-law Passed away on August 8, 2016. She was

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My mother-in-law Passed away on August 8, 2016. She was living in a senior housing facility in Des Plaines, Illinois named Brookdale. Brookdale's contract calls for a written sixty days notice after death to terminate the contract. In other words, Brookdale says they can continue charges up to 60 days after the date of death. My question is, Is this congruent with Illinois law, or not?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Parties are allowed to contract as they see fit, but a court will review contract terms that are unconscionable or shock the conscience. Making a family pay for a room for 60 days after death of a resident when the family has no control over that occurring would arguably shock the conscience and while there is no specific provision in IL law preventing this type of specific clause, it is something that you could sue the home over and seek to have the court invalidate and not pay the money. In IL, notice of death immediately terminates a lease agreement though, so the court is likely to see this provision as unconscionable.